Can an extension of time be granted after the statutory period has expired?
Generally, an extension of time cannot be granted after the statutory period has expired. The MPEP 710.02(e) states: ‘Any request for an extension of time filed after the statutory period for response has expired will be denied.’ However, there is an exception for situations where the applicant’s failure to respond was due to circumstances beyond…
Read MoreHow can an applicant extend a shortened statutory period for reply?
An applicant can extend a shortened statutory period for reply under certain conditions. The MPEP states: Extensions of the statutory period under 35 U.S.C. 133 may be obtained under 37 CFR 1.136, provided the extension does not go beyond the 6-month statutory period from the date of the Office action (35 U.S.C. 133). To extend…
Read MoreWhat is the significance of Ex parte Milton in relation to copied patent claims?
Ex parte Milton, 63 USPQ 132 (P.O. Super Exam. 1938) is a significant case cited in MPEP 710.04(a) regarding copied patent claims. Its importance lies in establishing the principle for determining the controlling date of the statutory period when claims are copied from a patent into an application with an existing unanswered rejection. The MPEP…
Read MoreHow is the date of abandonment determined for a patent application with a final Office action?
The date of abandonment for a patent application with a final Office action is determined based on the following scenarios: If no reply is filed, the application becomes abandoned on the day after the due date for reply. If a reply is filed but doesn’t meet the requirements for continued examination, the application becomes abandoned…
Read MoreHow does copying patent claims affect the periods for reply in a patent application?
When claims are copied from a patent into an application with an unanswered rejection of record, it creates a situation with two different periods for reply. According to MPEP 710.04(a): “Where, in an application in which there is an unanswered rejection of record, claims are copied from a patent and all of these claims are…
Read MoreWhich date controls the statutory period when there are copied patent claims?
When there are copied patent claims in an application with an existing unanswered rejection, the controlling date for the statutory period is the date of the last unanswered Office action on the original claims. The MPEP clearly states: The date of the last unanswered Office action on the claims other than the copied patent claims…
Read MoreWhat happens if I respond to a USPTO Office action after the statutory period expires?
If you respond to a USPTO Office action after the statutory period expires, your application may be considered abandoned. According to MPEP 710.01: ‘If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the maximum 6-month period set by statute.…
Read MoreWhat is the difference between ‘calendar months’ and ‘months’ in USPTO statutory periods?
The USPTO distinguishes between ‘calendar months’ and ‘months’ when calculating statutory periods: Calendar months: Expire on the day of the next month having the same number as the day of the month from which the period runs. If there is no such day the following month, the period ends on the last day of that…
Read MoreWhen is an application considered abandoned?
An application is considered abandoned after midnight of the date on which the set shortened statutory period, including any extensions under 37 CFR 1.136, expired. This is typically the end of the 3-month shortened statutory period. As stated in MPEP 711.04(a): “If the application is abandoned, the date of the abandonment is after midnight of…
Read MoreWhen is a patent application considered abandoned?
A patent application is considered abandoned when a timely reply to an Office action is not filed within the statutory period or any extended period granted. The MPEP 710.01(a) states: When a timely reply is ultimately not filed, the application is regarded as abandoned after midnight of the date the period for reply expired. For…
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